snathan
12-21 09:58 PM
I do have very different experience. I never had any issues with the indian consulate. couple of months back I have sent the papers for my daughter's PIO card. With in two weeks I got the PIO in mail.
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iwantgc
12-04 06:08 PM
Is this just for India?
xyzgc
10-23 03:09 PM
After waiting in limbo for so long....even an RFE sounds like sweet news :) . I am hoping its about something simple like Employment verification or something (My company is Fortune 100 , so I don't think it would be about ability to pay). And hoping there are no other delays on the way (like Namecheck etc)
So at last they opened my case. I hope the RFE gets resolved soon, before the dates retrogress or become 'U'. As of now my PD is current in Nov as well. So crossing my fingers!
I hope that other EB3-I cases stuck in 2001/2002 will start getting picked up soon as well and approved. All the best to you all.
Is your NC cleared? If yes, shouldn't you have received your gc in early 2007 itself before July 07 messed up EB3?
Even if its not cleared, you would have surely crossed 180-day barrier, yes?
I'm not EB3 but if you can post updates in this thread related to your case, it would satisfy some of my curiosity.
So at last they opened my case. I hope the RFE gets resolved soon, before the dates retrogress or become 'U'. As of now my PD is current in Nov as well. So crossing my fingers!
I hope that other EB3-I cases stuck in 2001/2002 will start getting picked up soon as well and approved. All the best to you all.
Is your NC cleared? If yes, shouldn't you have received your gc in early 2007 itself before July 07 messed up EB3?
Even if its not cleared, you would have surely crossed 180-day barrier, yes?
I'm not EB3 but if you can post updates in this thread related to your case, it would satisfy some of my curiosity.
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dpp
07-19 02:48 PM
But how do one become out of status?
One way is, if he/she didn't apply for extension, thats the only way. Otherthan that pay stubs, job, bench, these will not make anybody out of status. These are all trash.
As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.
Let me correct it.. I read somewhere that it is considered not a major problem if some one is out of status for less than 180 days cumulatively.
One way is, if he/she didn't apply for extension, thats the only way. Otherthan that pay stubs, job, bench, these will not make anybody out of status. These are all trash.
As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.
Let me correct it.. I read somewhere that it is considered not a major problem if some one is out of status for less than 180 days cumulatively.
more...
sushilup
02-17 06:35 PM
Grow up man...think before writing
whatever is not useful to you that doesn't mean it is foolish stuff..
I agree with Cal97...and it was helpful to me also...since i am travelling..
One advise for you...just ignore which is not useful to you...
it probably means.. they are opening each and every mail they have recived and checking if the docs are in order or not..if they are.. they file it...else they send an RFE...
i dont understand..how someone can be so f@#$% dumb as not know this simple procdure..
there are so many posts..i got a LUD what not.... its annoying...
its like.. USCIS touched my lu(n)d..will i get a GC now..
grow up ..
i may have offended some purists on this board.... idgaf..<:-|
whatever is not useful to you that doesn't mean it is foolish stuff..
I agree with Cal97...and it was helpful to me also...since i am travelling..
One advise for you...just ignore which is not useful to you...
it probably means.. they are opening each and every mail they have recived and checking if the docs are in order or not..if they are.. they file it...else they send an RFE...
i dont understand..how someone can be so f@#$% dumb as not know this simple procdure..
there are so many posts..i got a LUD what not.... its annoying...
its like.. USCIS touched my lu(n)d..will i get a GC now..
grow up ..
i may have offended some purists on this board.... idgaf..<:-|
tinku01
02-12 02:37 PM
great point mr internet then I think CP filiers should other way to make their efforts and should not participate in letter campaign since there are lot of people who are waiting in CP queue.....anyway are you British...it seems to me from your reply:rolleyes:
more...
InTheMoment
11-06 04:22 PM
That was a good account for those who haven't been to an Infopass. The procedure is near about the same where I usually go too.
I think that the AP info that you got is good...but the serendiptious (!) info of your and your family's NameCheck status bears good info/benefit in the longer term.
As for the 4 months thing, she is right if we go by FBI stat papers and testimonies given over the past few years; but what I find most interesting is that 7 out of the 8 people who I personally know, and who filed with me in June still have their NC pending as of this week. That does not include me whose NC is pending for past 4.5 months (since my info was sent to FBI!).
So the dataset is small but challenging. I am sure there are many like me. Wonder why I find many whose NC is pending in the 4-6 month range and very few (of the 68% - per FBI) whose have got it cleared in the so called 48-72 hours (after the info is sent to FBI) ! :confused:
I think that the AP info that you got is good...but the serendiptious (!) info of your and your family's NameCheck status bears good info/benefit in the longer term.
As for the 4 months thing, she is right if we go by FBI stat papers and testimonies given over the past few years; but what I find most interesting is that 7 out of the 8 people who I personally know, and who filed with me in June still have their NC pending as of this week. That does not include me whose NC is pending for past 4.5 months (since my info was sent to FBI!).
So the dataset is small but challenging. I am sure there are many like me. Wonder why I find many whose NC is pending in the 4-6 month range and very few (of the 68% - per FBI) whose have got it cleared in the so called 48-72 hours (after the info is sent to FBI) ! :confused:
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gc_relief
03-26 11:36 AM
That means if u doesn't have a job don't drive:D
more...
dreamworld
09-27 10:35 PM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
enggr... First Welcome IV!!! The great place to meet like minded people.
If your supplementary exam is required for your degree then your graduation date is June 2002. if not then you are safe. First of all..Course completion certificate is not a degree. You have to complete all the requirements to get a degree.
Converting to EB3. I read somewhere in the forum that PERM does not allow to change from EB2 to EB3. You might need to reapply.
In any case, You need to respond to RFE with a good business case. and go for the next step.
Good luck buddy.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
enggr... First Welcome IV!!! The great place to meet like minded people.
If your supplementary exam is required for your degree then your graduation date is June 2002. if not then you are safe. First of all..Course completion certificate is not a degree. You have to complete all the requirements to get a degree.
Converting to EB3. I read somewhere in the forum that PERM does not allow to change from EB2 to EB3. You might need to reapply.
In any case, You need to respond to RFE with a good business case. and go for the next step.
Good luck buddy.
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snathan
06-17 11:10 AM
This is by far the best action item i have seen so far (because it feels like it can be done by administrative change). I Support it 100% .
A REQUEST TO IV CORE:
Please start a letter campaign: I have been long trying to figure out who exactly is the decision maker for this policy. It would be a great help if we all know where to send the letter and who should we address to...
First all gather here with relavent information. Then we can draft a letter and send to DOS and congressmen/senator.
A REQUEST TO IV CORE:
Please start a letter campaign: I have been long trying to figure out who exactly is the decision maker for this policy. It would be a great help if we all know where to send the letter and who should we address to...
First all gather here with relavent information. Then we can draft a letter and send to DOS and congressmen/senator.
more...
GCBy3000
07-27 04:41 PM
I am not sure about how many cheques and the amounts on it since everything is done by my company attorney. However, last week we had a chineese guy here in this forum who got this 485 back and one of his cheque was encashed. Also the reason for the return is the non-availability of VISA numbers. He will send it back again, but my point is the clearance of single cheque is not the indication of acceptance of you app.
They've already said to give them until Aug 1st for June filers. Then they will focus on July filers. Simple as that. If your checks aren't cashed by Aug 1/2 for a June filer, then perhaps you have reason to call. If your checks are cashed, then YOU'RE IN, no need to call. Whatever you need is in the mail. If you don't get it by frst week of august, then call.
They've already said to give them until Aug 1st for June filers. Then they will focus on July filers. Simple as that. If your checks aren't cashed by Aug 1/2 for a June filer, then perhaps you have reason to call. If your checks are cashed, then YOU'RE IN, no need to call. Whatever you need is in the mail. If you don't get it by frst week of august, then call.
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insbaby
12-13 06:07 PM
All,
...and may be few on H1 B Visas every year through the outsourcing companies...
So, you are expecting only few H1B petitions go to USCIS in April 2008?
:)
...and may be few on H1 B Visas every year through the outsourcing companies...
So, you are expecting only few H1B petitions go to USCIS in April 2008?
:)
more...
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Gravitation
12-13 01:02 PM
Hi Gravitation,
How do you know this? Can you please elaborate.
Regards.
Hi Vicky,
Here's a thread that discusses this:
http://www.immigrationportal.com/showthread.php?t=219339
Regards,
Gravity
How do you know this? Can you please elaborate.
Regards.
Hi Vicky,
Here's a thread that discusses this:
http://www.immigrationportal.com/showthread.php?t=219339
Regards,
Gravity
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eilsoe
02-02 06:16 PM
Well, I would say no to that, but the general rules state that all participants in a battle can not vote in the particular battle...
so.. I guess we should stick to that... I'd like to vote too, but let's follow the rules :)
so.. I guess we should stick to that... I'd like to vote too, but let's follow the rules :)
more...
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gcdreamer05
07-31 11:12 AM
Hi sanbaj should the 485 RD become current or the PD should be current is enough to open the case ?
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kart2007
05-15 03:26 PM
I know many people working here in my city who are from TCS. TCS blatantly breaks rules and sends these people on L1 visas while paying them an Indian salary and a minimal per diem for their time in the U.S. They don't even get enough for renting a car and I see many of these poor guys walking from their apartment blocks to the office. It's good exercise (for one's physical health) but the intent of the company is exploitation and nothing else :mad:
In addition, I notice that many of these recruits are here not for long term jobs but for gaining enough knowledge so that those jobs can be outsourced back to the home country. That has started to make many of my American colleagues really mad. But it's the fault of the company, not these poor guys who don't have seem to have a clue what a bad deal it is until they arrive here.
Sad to say, Wipro, Infosys and the rest in their flock are no better.
Yup, TCS, Infosys, Cognizant, Patni etc are all offenders. Its sad to see L1s getting such a paltry salary.
For H1 there are rules that are laid out for minimum wages but not for L1 (I think). Even then these Indian companies pay the least they have to to H1 visa holders.
In addition, I notice that many of these recruits are here not for long term jobs but for gaining enough knowledge so that those jobs can be outsourced back to the home country. That has started to make many of my American colleagues really mad. But it's the fault of the company, not these poor guys who don't have seem to have a clue what a bad deal it is until they arrive here.
Sad to say, Wipro, Infosys and the rest in their flock are no better.
Yup, TCS, Infosys, Cognizant, Patni etc are all offenders. Its sad to see L1s getting such a paltry salary.
For H1 there are rules that are laid out for minimum wages but not for L1 (I think). Even then these Indian companies pay the least they have to to H1 visa holders.
more...
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krish.d.rao
10-10 01:11 PM
I am talking about companies like Infy, Wipro etc..
Infy, wipro, TCS and all the other hundreds of so called "Hi Tech" companies are just glorified body shoppers.
The media has hyped these "coolie transporting outfits" to be path breaking businesses.
Adding insult to injury, INFY is soon to be listed on the NASDAQ 100.
Way to go
Infy, wipro, TCS and all the other hundreds of so called "Hi Tech" companies are just glorified body shoppers.
The media has hyped these "coolie transporting outfits" to be path breaking businesses.
Adding insult to injury, INFY is soon to be listed on the NASDAQ 100.
Way to go
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cagedcactus
09-15 07:07 AM
You see, not all the folks that receive gc are able to utilize the benefits.
I have ton of friends who received their GC two years ago, and now they keep telling everyone that it is no different than being on H1.
All I tell them is I will trade my H1 with their GC, and all they do is Shut up.
Yah, sure, if USA allowed us and our better halves to work unlimited without any doubts of going back abruptly one day, then I would rather stay on H1.
But as we all know, that is not the case.
I have finances and places set up to start business. The only thing holding me back is this damn backlog. My wife has a masters in communications and held a better job than me in India. What is she doing now? Watching my newborn kid play, and offer volunteer services to local hospital.
I am damn sure GC could solve that.
If some people are not able to take benefits of GC, doesnt mean that they should assume the same thing with others.
Things are different with everyone.
I have ton of friends who received their GC two years ago, and now they keep telling everyone that it is no different than being on H1.
All I tell them is I will trade my H1 with their GC, and all they do is Shut up.
Yah, sure, if USA allowed us and our better halves to work unlimited without any doubts of going back abruptly one day, then I would rather stay on H1.
But as we all know, that is not the case.
I have finances and places set up to start business. The only thing holding me back is this damn backlog. My wife has a masters in communications and held a better job than me in India. What is she doing now? Watching my newborn kid play, and offer volunteer services to local hospital.
I am damn sure GC could solve that.
If some people are not able to take benefits of GC, doesnt mean that they should assume the same thing with others.
Things are different with everyone.
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jgh_res
10-10 12:41 PM
I wish they invested in R and D and innovation and products instead of services. Service industry is mainly governed by dealing with cost efficient labor. These companies reach out to IITs IIMs get the best and brightest and dump them into the service sector and start earning on them.
If they changed their business modal and started investing in products and Rand D, it may not give them quick money, but the results will be beneficial on the long run.
I am not sure how much R & D is going on in india, but Adobe filed lots of patents from Adobe, india.
If they changed their business modal and started investing in products and Rand D, it may not give them quick money, but the results will be beneficial on the long run.
I am not sure how much R & D is going on in india, but Adobe filed lots of patents from Adobe, india.
vbkris77
11-30 10:42 PM
Following is Ron`s observation
.
There is an error in the initial explanation of the quota. As I read this analysis, they are suggesting that the single state limit is 25,620 - irrespective of whether the visas are issued in family or employment based. This suggests that a country with heavy family based demand, but light employment based demand, could use more than 7% of the EB or FB quota as long as they remained under 25,620 overall. This is wrong. The 7% limit applies independently to FB and EB. A country could have no demand in one area, and enormous demand in the other and the side with the excessive demand would still be limited to 7% of that quota - not 7% of the combined quota.
Also, I think that their estimates for China and India EB2 are too pessimistic.
__________________
USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)
(1) Nondiscrimination. -
(A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.
(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
This to my understanding gives 7% total immigrant visas. Also the next para doesn't mean anything if this is not different for FB and EB.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that
.
There is an error in the initial explanation of the quota. As I read this analysis, they are suggesting that the single state limit is 25,620 - irrespective of whether the visas are issued in family or employment based. This suggests that a country with heavy family based demand, but light employment based demand, could use more than 7% of the EB or FB quota as long as they remained under 25,620 overall. This is wrong. The 7% limit applies independently to FB and EB. A country could have no demand in one area, and enormous demand in the other and the side with the excessive demand would still be limited to 7% of that quota - not 7% of the combined quota.
Also, I think that their estimates for China and India EB2 are too pessimistic.
__________________
USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)
(1) Nondiscrimination. -
(A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.
(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
This to my understanding gives 7% total immigrant visas. Also the next para doesn't mean anything if this is not different for FB and EB.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that
justAnotherFile
04-02 03:17 AM
coun as 2
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